20000406Comments.doc

JEFF H. CAPELL
DEPUTY ATTORNEY GENERAL
IDAHO PUBLIC UTILITIES COMMISSION
PO BOX 83720
BOISE, IDAHO 83720-0074
[phone]
IDAHO BAR NO. 5764

Street Address for Express Mail:
472 W WASHINGTON
BOISE ID 83702-5983

Attorney for the Commission Staff

BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION

IN THE MATTER OF THE APPLICATION FOR ADOPTION OF THE ARBITRATED INTERCONNECTION AGREEMENT BETWEEN GTE NORTHWEST INCORPORATED AND NEXTLINK IDAHO, INC. BY DSLnet COMMUNICATIONS LLC PURSUANT TO 47 U.S.C.  252(i).
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CASE NO. GTE-T-00-04

COMMENTS OF THE
COMMISSION STAFF

COMES NOW the Staff of the Idaho Public Utilities Commission, by and through its Attorney of record, Jeff H. Capell, Deputy Attorney General, and in response to the Notice of Petition for Approval of Interconnection Agreement and Notice of Modified Procedure issued in Order No. 28304 on March 16, 2000, submits the following comments.
On March 6, 2000, GTE Northwest Incorporated (GTE) filed an Application for adoption of the arbitrated Interconnection Agreement between GTE Northwest Incorporated and Nextlink Idaho, Inc. by DSLnet Communications LLC (DSLnet). The adoption provides terms for the parties to interconnect their facilities, enables DSLnet to resell GTE’s services and provides DSLnet access to GTE’s unbundled network elements. In addition, the Application sought approval of supplemental terms regarding collocation negotiated between GTE and DSLnet. These supplemental terms implement provisions of new rules issued by the Federal Communications Commission. The Companies indicated the Agreement and supplemental terms were reached through voluntary negotiations without resort to mediation or arbitration, and claimed the Agreement and supplemental terms were not discriminatory against any other company, and were consistent with the public interest, convenience and necessity. They requested the Commission approve the Agreement and supplemental terms without a hearing or intervention by other parties.
The Commission approved the terms and conditions of the underlying Agreement in Order No. 28269 issued on January 26, 2000. Staff reviewed the language of the supplemental terms and did not find any terms or conditions that Staff would consider discriminatory. Staff concurs with the Companies claim that the Agreement and supplemental terms are consistent with the pro-competitive policies of the Commission, the Idaho Legislature, and the Telecommunications Act of 1996, and therefore are consistent with the public interest.

STAFF RECOMMENDATION
Staff recommends the Commission approve the adoption of the GTE-Nextlink Interconnection Agreement by DSLnet, and the supplemental terms as filed.
DATED at Boise, Idaho, this 6th day of April, 2000.

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Jeff H. Capell
Deputy Attorney General
Technical Staff: Wayne Hart

COMMENTS OF THE
COMMISSION STAFF 1 APRIL 6, 2000